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Directive Principles of State

Policy – PART IV
Article 36- 51
• Features of Directive Principles
• Classification
• Relationship between FR and DPSP
• Idea taken from Irish Constitution
• Dr.B.R.Ambedkar described these principles as
“Novel Features” of the Indian Constitution
and acts as an instrument of instruction to the
State.
• Granville Austin – American historian on
Indian Constitution – describes DPSP as
“Conscience of the Constitution”.
Features of DPSP
• Denotes the ideals of the State – Keep in mind
while formulating the policies and enacting laws.
• It is a set of special provisions created by the
makers for giving proper direction to the States to
act.
• Constitutional Instruction or recommendations to
the State in legislative, Executive and
Administrative matters.
• It aims at realising the high ideals of Justice,
liberty, equality and fraternity as outlined in
Preamble.
• Promotes Socio-Economic Justice
• Political democracy would be useless without economic
democracy.
• Concept of Welfare State
Was this a new concept under the Constitution of India?
• It resembles the Government of India Act, 1935.
• DPSP are non-justiciable in nature – not legally enforceable
by the courts for their violation.
• Duty of the State to apply these principles in making laws.
• Though non-justiciable in nature, the laws can be
challenged if it violates Fundamental Rights.
Classification
• Social and Economic Charter
• Social Security Charter
• Community Welfare Charter
Others:
• Socialist Principles
• Gandhian Principles
• Liberal –Intellectual Principles
Social and Economic Social Security Charter Community Welfare
Charter Charter

1. Article 38 1. Article 39A 1. Article 44


2. Article 39 2. Article 41 2. Article 40
3. Article 42 3. Article 48
4. Article 43 4. Article 48A
5. Article 43A 5. Article 49
6. Article 45 6. Article 50
7. Article 46 7. Article 51.
8. Article 47
• Article 36 - In this Part, unless the context otherwise
requires, “the State” has the same meaning as in Part III.
• Article 37 - Application of the principles contained in this
Part - The provisions contained in this Part shall not be
enforceable by any court, but the principles therein laid
down are nevertheless fundamental in the governance of
the country and it shall be the duty of the State to apply
these principles in making laws.
• Debate as to the usage of two words ”Directive” and
“Fundamental” – it is necessary to give direction to the
future legislature and executive to show in what manner
they have to exercise their legislative and executive powers.
Social and Economic Charter
Article 38- Social order based on justice
(1) The State shall strive to promote the welfare of the
people by securing and protecting as effectively as it may
a social order in which justice, social, economic and
political, shall inform all the institutions of the national
life.
(2) The State shall, in particular, strive to minimise the
inequalities in income, and endeavour to eliminate
inequalities in status, facilities and opportunities, not only
amongst individuals but also amongst groups of people
residing in different areas or engaged in different
vocations.
• Article 39 - Principles of policy to be followed by the State for securing
economic justice: Article 39
in particular, direct its policy towards securing—
(a) that the citizens, men and women equally, have the right to an adequate
means of livelihood;
(b) that the ownership and control of the material resources of the
community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the
concentration of wealth and means of production to the common
detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the
tender age of children are not abused and that citizens are not forced by
economic necessity to enter avocations unsuited to their age or
strength;
Social Security Charter
1. Equal justice and free legal aid - Article 39A
The State shall secure that the operation of the
legal system promotes justice, on a basis of equal
opportunity, and shall, in particular, provide free
legal aid, by suitable legislation or schemes or in
any other way, to ensure that opportunities for
securing justice are not denied to any citizen by
reason of economic or other disabilities.
- To promote equal justice
- To provide free legal aid to the poor
• Right to work, education and public assistance in certain
cases: Article 41- The State shall, within the limits of its
economic capacity and development, make effective
provision for securing the right to work, to education and to
public assistance in cases of unemployment, old age,
sickness and disablement, and in other cases of undeserved
want.
• Just and humane conditions of work: Article 42 - The State
shall make provision for securing just and humane
conditions of work and for maternity relief.
• Living wage for workers: Article 43 –Secure a living wage
and a decent standard of life and social and cultural
opportunities for all workers.
• Art 43A – Participation of workers in
management of industries- The State shall
take steps, by suitable legislation or in any
other way, to secure the participation of
workers in the management of undertakings,
establishments or other organisations
engaged in any industry (42nd Amendment,
1976)
• Provision for early childhood care and education to children below
the age of six years: Article 45
• Promotion of educational and economic interest of weaker
sections: Article 46 -The State shall promote with special care the
educational and economic interests of the weaker sections of the
people, and, in particular, of the Scheduled Castes and the
Scheduled Tribes, and shall protect them from social injustice and
all forms of exploitation.
• Duty to raise the standard of living and improvement of health:
Article 47 -The State shall regard the raising of the level of nutrition
and the standard of living of its people and the improvement of
public health as among its primary duties and, in particular, the
State shall endeavour to bring about prohibition of the
consumption except for medicinal purposes of intoxicating drinks
and of drugs which are injurious to health.
Community Welfare Charter
1. Uniform Civil Code: Article 44
2. Organisation of Village Panchâyat: Article 40
3. Organisation of agriculture and animal
husbandry: Article 48 -The State shall endeavour
to organise agriculture and animal husbandry on
modern and scientific lines and shall, in
particular, take steps for preserving and
improving the breeds, and prohibiting the
slaughter, of cows and calves and other milch and
draught cattle.
• Protection and improvement of forests and wildlife:
Article 48A -The State shall endeavour to protect and
improve the environment and to safeguard the forests
and wild life of the country (42nd Amendment, 1976)
• Protection of monuments and places and objects of
national importance: Article 49
• Separation of Judiciary from Executive: Article 50 -The
State shall take steps to separate the judiciary from the
executive in the public services of the State.
• Promotion of International peace and security: Article
51.
Differences
Fundamental Rights Directive Principles of State
Policy
1. Negative – as it restricts 1. Positive – requires the State
the State from doing certain to do certain things.
tings.
2. Justiciable 2. Non- justiciable

3. Aim to establish Political 3. Aim to establish Economic


Democracy and Social Democracy
4. Legal Sanctions 4. Moral and political
Sanctions
5. Welfare of individual 5. Welfare of community

6. Automatically enforced 6. Non – enforceable

7. Law violative of FR is 7. Courts cannot declare a law


Unconstitutional to be violative.
Conflict
• Supreme court initially uphold the validity of
Fundamental Rights than DPSP
• Some case – DPSP> FR
• Recent approach – FR=DPSP (Harmonious
Construction)
PRESIDENT OF INDIA:
AN OVERVIEW

Karthik Shiva
Assistant Professor of Law
VIT SOL
UNION GOVERNMENT

• Legislature – Makes the Law


• Executive – Executes the Law
• Judiciary – Interpreting the
Law
EXECUTIVE POWER

• Three Wings of the Govt – Functioning – Role and Responsibilities – Separation of Powers v. Division of
Powers

• Executive Power is vested in the hands of Dual Executive

• Nominal Executive and Real Executive

• Nominal Executive – President of India

• Real Executive - Prime Minister and Council of Ministers

• Dual-Level Executive – Union and States

• Union – vested in the PM & COM

• State – vested in the CM & COM


UNION EXECUTIVE

• Art. 52-78 of the COI – Union Executive


• The Union Executive consists of the
a) The President,
b) The Vice- President,
c) The Prime Minister,
d) The Council of Ministers and
e) The Attorney General of India.
• Head of the State – Art. 52 – President of India
PRESIDENT OF INDIA
• Head of the State of the Republic of India
• 15th President – Draupadi Mormu
• Electoral College of India – Indirect Election
• Term of Office – 5 years – No bar on re-election
• Replaced the King of India who was presented by the Governor
General of India – George VI the Head of the Indian State as
under Indian Independence Act, 1947 till the adoption of the
Constitution
• Position of the President of India – Akin to President of Ireland
(Elected President acting on advice of ministers answerable to
legislature
PRESIDENT OF INDIA – CONSTITUENT
ASSEMBLY DELIBERATIONS

• Dr B.R. Ambedkar clarified the position of the President in the Constituent


Assembly:

“Under the draft constitution the President occupies the same position as the
King under the English Constitution. He is the head of the state but not of the
Executive. He represents the Nation but does not rule the Nation. He is the
symbol of the Nation. His place in the administration is that of a ceremonial
device on a seal by which the nation's decisions are made known.”
PRESIDENT OF INDIA

• Art. 52-62 – Deals with the President – Election, Qualification, Terms and
Impeachment

• Art. 52 – Office of the President

• Art. 53 – Executive Power the Union

• Art. 54 – Election of the President

• Art. 55 – Manner of Election of President

• Art. 56 – Term of Office of President

• Art. 57 – Eligibility for Re-election


PRESIDENT OF INDIA

• Art. 58 – Qualification for election as President

• Art. 59 – Conditions of President’s Office

• Art. 60 – Oath of Affirmation by the President

• Art. 61 – Procedure for Impeachment of the President

• Art. 62 – Time of holding of election to fill vacancy in the office of President


and the term of office of person elected to fill casual vacancy
PRESIDENT OF INDIA

• Art. 52 – Office of the President

• “There shall be a President of India”

• Vice President to take over as Acting President – Art. 65

• V.P. not available –The President (Discharge of Functions) Act, 1969 –


Sec. 3 – Chief Justice or Senior Most Judge of SC to step in – Art. 70

• Chief Justice Mohammed Hidayatullah – Only CJI to serve as Acting


President
EXECUTIVE POWER OF THE
PRESIDENT
• Art. 53 (1) – Executive Power of the Union

• It vests in the President of India

• It shall be exercised by him directly or through officers subordinate to him

• It provides that such exercise shall be in accordance with the constitution – Limitation of executive
power

• Executive Power is not defined under the Constitution of India

• Art. 53 r/w Art. 73 clarifies the concept of executive power

• Art. 73 – Executive power of the Union a) co-extensive with power of the Parliament to make laws
b)
POWERS OF THE PRESIDENT

The President of India can be broadly classified under the following heads;

a) Executive Powers

b) Legislative Powers

c) Judicial Powers

d) Military Powers

e) Diplomatic Powers

f) Emergency Powers
EXECUTIVE POWERS OF THE
PRESIDENT

• Executive Power of the Union vested in the hands of the President – to be


exercised on the aid and advise of the PM & CoM

• Power to Appoint - Appointment of various officials such as PM, Council


of Ministers, Attorney General, CAG, Governor of States, Judges of the
Supreme Court and High Court, CEC, Other Election Commissioners,
various commissions (NCSC, NCST, NCBC), etc.

• Power to return the advice of the CoM once – Art. 74(1)


LEGISLATIVE POWERS OF THE PRESIDENT

• Power to make recommendation for a Bill for Reorganisation of States [Proviso to Art.
3]

• Power to nominate a number of members to the Parliament [Art. 80(3)]

• Power to summon or prorogue the Houses of the Parliament [Art. 85(1) & Art. 85(2)(a)]

• Power to dissolve the Lok Sabha [Art. 85(2)(b)]

• Power to send messages to the Parliament (Art. 86)

• Power to address the Parliament (Art. 87)

• Power to call for joint sitting of the Parliament [Art. 108)


LEGISLATIVE POWERS OF THE PRESIDENT

• Power to assent to Bill (including returning it once for


reconsideration other than money bill) [Art. 111]

• Power to recommend Money Bill for introduction in the Lok Sabha


[Art. 117]

• Power to make ordinance (Art. 123)

• Power to make regulations for peace, progress and good government


of Union Territories (Art. 240)
JUDICIAL POWERS OF THE PRESIDENT

• Power and Duty to defend, preserve and protect the constitution –


Art. 60

• Pardoning Power of the President – Art. 72

• Power to appoint judges and decide as to seniority – Art. 217(2) and


(3) and 124(2)

• Power of the President to seek the Advisory Opinion of the Supreme


Court (Art. 143)
DIPLOMATIC POWERS OF THE PRESIDENT

• The President represents India in international forums and affairs where such a function is
chiefly ceremonial.

• The President may also send and receive diplomats, i.e. the officers from the Indian Foreign
Service. The President is the first citizen of the country.

• All international treaties and agreements are negotiated and concluded on behalf of the
President.

• In practice, such negotiations are usually carried out by the Prime Minister along with his
Cabinet (especially the Foreign Minister).

• Such treaties are subject to the approval of the Parliament.


MILITARY POWERS OF THE PRESIDENT

• The President is the Supreme Commander of the Indian Armed Forces. (Art. 53)

• The President can declare war or conclude peace, on the advice of the Union Council
of Ministers headed by the Prime Minister.

• The President also appoints the chiefs of the service branches of the armed forces.

• All important military treaties and contracts are made in the President's name
EMERGENCY POWERS OF THE
PRESIDENT

Emergency Powers of the President – Power to declare


emergencies

• National Emergency – Art. 352

• State Emergency – Art. 356

• Financial Emergency – Art. 360


IMPEACHMENT OF THE
PRESIDENT

• Art. 56 (2) (b) read with Art. 61 of the Constitution of India

• Impeachment – Reasoning for violation of the Constitution –Art. 61(1) – Charge in either house of
the Parliament – applies only for President

• Step 1 - Requirement for a Charge >> 14 Days’ Notice in writing signed by minimum 1/4th
Members of that House + Resolution has to be passed by 2/3rd Majority of that House

• Step 2 – On basis of charge – Other House to investigate – President shall have right to appear
and be represented at such investigation – Investigating House to pass the impeachment
resolution by 2/3rd Majority – charge sustained – Effect of Removal
Powers and Position of President of India

In Indian Parliamentary practice, the President is the nominal executive or a Constitutional ruler. He is
the head of the nation, but does not govern the nation. Our Union Council of Ministers headed by the
Prime Minister is the real executive. And the President rules the country on the advice of the Prime
Minister and his colleagues.

Powers: We shall now discuss in details, the powers and functions of the President of India in the light
of the above discussion. The powers and the functions of the President of India may be classified under
five heads, viz., and executive, legislative, financial, judicial and emergency.

1. Executive Power: The President of India is the head of the executive of the Union Government.
Therefore, all executive powers are vested in the hands of the President. He can exercise these powers
either directly or through the subordinate officers.

• According to the Constitution of India, all executive action is also taken in his name. The
President appoints the Governors of the States, the Judges of the Supreme Court and High
Courts of the States. The Prime Minister of India is appointed by the President. The President
also appoints other Ministers in consultation with the Prime Minister.
• The Constitution of India empowers the President to appoint the important officers of the Union
Government including the Attorney-General for India, the Comptroller and Auditor-General of
India, the Chairman of the Finance Commission, the Election Commissioners etc.
• The President is responsible for the administration of the Union Territories. For this reason, he
appoints Chief Commissioners and Lieutenant Governors of the centrally administered areas.
• The President has been empowered to set up a Commission for the settlement of disputes
relating to the supply of water between two or more States.
• Moreover, the Constitution has authorized the President to establish an Inter-State Council to
enquire into disputes that may arise between, the States as well as to discuss the matters of the
common interests between the Union and the States.
• The President alone can remove the Council of Ministers, the Governors of States and the
Attorney-General for India.
• The President of India is Supreme Commander-in-Chief of the Army, Navy and the Air Force of
the Union. He has the power to declare war.
• The President also enjoys the diplomatic power. He appoints the diplomatic representatives of
India to the foreign States. He also receives the credential letters of the diplomatic
representatives of other States.
• The President represents India in international affairs. He has the power to conclude treaties
with foreign States.

2. Legislative Powers: The President of India also enjoys legislative powers. He is an integral part of
Indian Parliament. Parliament consists of the President and two Houses—the House of the people (Lok
Sabha) and the Council of States (Rajya Sabha).

• The President has the power of to summon and prorogue both the House of Parliament. He can
also dissolve the House of the People before the expiry of its term.
• The Constitution of India empowers the President to deliver an address to the Parliament at the
commencement of the first session every year. He may also send messages to Parliament.
• The President nominates two members to the Lok Sabha from the Anglo-Indian Community
and twelve members to the Rajya Sabha from among the persons who have acquired special
knowledge in art, science, literature and social service.
• In India, a public bill cannot become an act without the assent of the President. A bill passed by
the Union Parliament is sent to the President for his assent. The President may give his assent to
the bill or may withhold his assent from the bill or he may return the bill to Parliament for its
reconsideration. If the bill is again passed by both Houses of Parliament, the President shall
have to give his assent.
• When the Parliament is not in session, the President may issue an ordinance. It has the same
force as the law or Parliament. But it must be placed before the Parliament when it again
assembles. If it is then approved by both the Houses of Parliament, it will cease to operate after
six weeks of the date of meeting of Parliament. And the President can call a joint session of
both Houses of Parliament to resolve a constitutional deadlock over a public bill.

3. Financial Powers: The President of India also exercises financial powers. No money bill can be
introduced in Parliament without the recommendations of the President.

• According to the Constitution of India, the Annual Financial Statement is placed by the
President before both the Houses of Parliament. This statement shows the estimates of revenue
and expenditure of the central Government for the next year.
• It may be pointed out that the proposal for taxation and expenditure cannot be made without the
approval of the President.

4. Judicial Powers: The President of India grants, pardons, reprieves or remissions of punishment to
any person who has been convicted by a Court of Law.

5. Emergency Powers: The President of India exercises extra-ordinary powers in times of emergency.

The three kind of Emergency situations are:


1. Emergency due to armed rebellion or external aggression;
2. Emergency arising from the breakdown of constitutional machinery in a State;
3. Financial Emergency.

Proclamation of National Emergency by the President of India: The President of India may issue a
Proclamation of National Emergency when the security of India or any part thereof is threatened by
war, armed rebellion or external aggression. Such a Proclamation of Emergency may remain in force
for an indefinite period. During a Proclamation of National Emergency, the executive power of the
States is to be exercised in accordance with the directions given by the Central Government. Parliament
has the power to make laws on the subjects enumerated in the State List. The right to freedom of
speech and expression, freedom to form association, freedom to practice and profession, etc., embodied
in Article 19 shall remain suspended.

Failure of State Constitutional Machinery: In Case of failure of Constitutional machinery in a State,


the President of India is authorized to make a Proclamation to that effect. The maximum duration of
this type of emergency is three (3) years. During such an emergency, the President may assume to
himself the executive powers of the State. The powers of the legislatures of the State are to be exercised
by the Union Parliament.

Proclamation of Financial Emergency by the President: The President may also issue a
Proclamation of Financial Emergency if he is satisfied that the financial stability of India is threatened.
This type of emergency may continue to remain in force for an indefinite period. The Central
Government may give directions to the States for canons of financial propriety. All money-bills passed
by the State Legislatures are to be reserved for the consideration of the President.

Position: Thus the President of India has been given wide and far-reaching powers which he enjoys
both during normal and emergency times. But after the passing of the Constitution Forty-Second
(1976) and Forty-Fourth (1978) Amendment Acts, the President of our Republic has become a
Constitutional figurehead and nothing beyond that.

Today, President’s position is one of great authority and dignity, but at the same time strictly
constitutional. Thus the President is bound in every case to act on the advice of his Prime Minister and
other Ministers who are responsible to the Lok Sabha and responsive to the public opinion.

In short, the powers really reside in the Ministry and the Parliament and not in the President as such.
He has no discretion in our Parliamentary system of government.

The Supreme Court through various decisions has upheld the position that the President is a
constitutional head and as such he is as much bound by the advice of his Ministers during emergency as
during normal times.

For example, the President can declare a proclamation of the National Emergency (Article 352) only
after receiving a written communication of the decision of the Union Cabinet. If the President abuses
his powers, he can be removed from office by a process of impeachment.

It does not, however, mean that the President of India is a magnificent cipher or a mere rubber stamp.
Unlike the British Monarchy which is hereditary, the President of our Republic is an elected Head of
the State. In our coalition politics, there are some grey areas where the President may still have to use
his own judgment and wisdom. These are:
• Appointment of the Prime Minister,
• Dismissal of the Union Ministry,
• Dissolution of the Lok Sabha, and,
• Seeking information on all matters of administration and legislation from the Prime Minister
etc.

In some such situations, the role of our President may become most crucial and decisive. However, the
President has to be free from all political affiliations. He is expected to act with complete constitutional
rectitude and impartiality. The nation is expected to be benefitted by his wise leadership and
constructive role.

In short, the President of India is the symbol of national unity, magnet of loyalty and apparatus
of ceremony.
Federalism – Centre State
Relationship
• What is Federalism/ Federal Structure?
• Why India adopted Federalism?
• What was the views of various eminent
jurist/historians?
What is Federalism/ Federal Structure?
Nature of Indian Constitution
Two classification (system of government or form of
government):
• Unitary
• Federal
Is Indian Constitution Federal in nature or Unitary in
nature?
--------- Before finding the answer to the said
question let us discuss the definition of the terms
Unitary and Federal.
Definition:
Unitary Government – all the powers are vested in the
national government and the regional governments
derive their power from the national government.
Eg: Britain , Japan, Spain, China etc
Federal Government – Powers are divided between the
national government and the regional governments by
the Constitution itself and both operate in their
respective jurisdictions independently.
Eg: US, Australia, Canada, Russia etc
Why India adopted Federalism?
• Help in addressing the diversities
• Suitable for a country of size of India
• Would help address the fissiparous tendencies
by retaining the autonomy of the states.
• Powers of the local self government were also
protected.
• Essentials of Federalism:
1. Division of Powers
2. Supremacy of Constitution
3. Rigidity of Constitution
4. Written Constitution
5. Authority of Courts
• Essentials of Federalism:
1. Division of Powers – 7th Schedule – Three list
- Union List (97 entries) - National importance such as
defence, foreign affairs etc
- State List (66 entries) – look after the matters of regional
importance such as Public order, Health
- Concurrent List (47 entries)
- Residuary power given to centre
2. Supremacy of Constitution – laws enacted must confirm
to the provisions of Constitution
3. Rigidity of Constitution – Amendment procedure in tough
4. Written Constitution – lengthiest, specifies
the structure, organisation, powers and
functions of both central and state government.
5. Authority of Courts – independent judiciary-
two reasons
a) to protect the supremacy of the
Constitution
b) to settle the dispute between centre and
state
• Unitary features:
- Strong Centre’
- Single Constitution
- Flexibility of the Constitution etc
Views of Eminent jurist/ historians-
Critical evaluation
• A federal constitution envisages a demarcation of
governmental functions and its powers between the centre
and the state as sanctioned by the constitution which is a
written document.
Is Indian Constitution purely federal in nature?
• Prof. Wheare : “ The Constitution establishes a system of
government which is almost quasi- federal…….. a unitary
State with subsidiary federal features rather than a federal
State with subsidiary unitary features”
• Sir Ivor Jennings has characterized it as “a federation with a
strong centralizing tendency”.
• Granville Austin called the Indian Federalism as a
“Cooperative Federalism”.
• American Constitution is truly federal type.
• Framers of Constitution took note of the
practical needs of the country designed on
federal structure ‘not on the footing that it
should confirm to some theoretical, definite
or standard pattern, but on the basis that it
should be able to subserve the need of the
vast and diverse country like India’.
Dr.Ambedkar on Federalism – “The basic
principles of federalism is that the legislative
and executive authority is partitioned between
the centre and States and not by law or by the
Centre but the Constitution itself.. The Centre
and States are co-equal in this matter”
• Thus , the Indian Constitution is mainly federal
with unique safeguards for enforcing national
unity and growth.
Unitary features in Federal structure
1. Appointment of Governors – Article 155 and
156
2. Parliament’s power to legislate in the
national interest – Article 249
3. Parliaments powers to form new states and
alter boundaries of existing States – Article 3
4. Emergency Provisions – Article 352, 356, 360
Centre –State Relationship
• Legislative – Art 245 to Art 255
• Administrative – Art 256 to Art 263
• Financial – Art 268 to Art 293
Legislative – Art 245 to Art 255
• 1.Extent of laws made by Parliament and by the
Legislatures of States - Parliament may make laws
for the whole or any part of the territory of India,
and the Legislature of a State may make laws for
the whole or any part of the State.
• Exception – Parliament can make extra territorial
legislation. It can be applicable to Indian citizens
and their property in any part of the world.
• 2. Subject-matter of laws made by Parliament
and by the Legislatures of States – Three list
under Art 246
• Union List -97 entries
• Concurrent List – 66 entries
• State List- 47 entries
• 3. When can Parliament enact laws in the
state field?
- National Interest – Art 249 - resolution must
be supported by 2/3rd of the members present
and voting.
- One year – further period of one more year
- Proclamation of Emergency – Art 250 -
- When states make a request – Art 252 -One
year – further period of one more year
• Art 254. Inconsistency between laws made by
Parliament and laws made by the Legislatures
of States – Doctrine of Repugnancy
• Which will prevail? – Central Act will prevail
and Legislature of the State shall, to the extent
of the repugnancy, be void
• Art 254 (2) – Reserved for assent of president
– State Act will prevail
Administrative – Art 256 to Art 263
Article 256 – Obligation of States and the Union:
- State should ensure the compliance with the laws made
by the Parliament
Article 257 – Control of Union over states in certain cases:
- Executive power of states shall be exercised so as not
to impede or abridge the executive power of the union
- Construction and maintenance of means of
communication, declared to be of national or military
importance
- Measures to be taken for the protection of railways
within the state.
• All India Services
• Public Service Commissions
Financial – Art 268 to Art 293
CATEGORY LEVIED COLLECTED

TAXES (Art Union Collected and appropriated by


268) Ex: stamp duties on bills of States
exchange, cheques and Ex: stamp duties on bills of
promissory notes exchange, cheques and promissory
notes
TAXES (Art Levied by Union but Collected by Union but assigned to
269) assigned to States States
Eg: Sale or purchase of Eg: Sale or purchase of goods and
goods and consignment of consignment of goods
goods
TAXES (Art- Levied by Government of Collected by Government of India -
270) Indian- Distributed Distributed between Union and
between Union and States States

Central GST Union Union and States

State GST Union Union and States


• Administrative Reforms Commission
- 6 member under he chairmanship of Moraji Desai
– study the centre state relation – 22
recommendation were submitted. Few are
1. Inter – State Council has to be established under
Art 263
2. Delegation of powers to the maximum extent to
the states.
3. Transferring of more financial resources to the
states to reduce their burden.
• Rajmannar Committee – Tamil Nadu Government -
three member committee on the head of Dr.Rajmannar
• Sarkaria Committee – in 1983, three member
committee – 247 recommendations were submitteed-
study for one year.
They are:
1. Permanent Inter-State Council should be set up under
Art 263
2. All India Service must be strengthened
3. Centre should consult State before making any any
law on concurrent list.
4. Zonal Councils should be established and
activated to promote federalism
5. The residuary power of the Central
Government should remain with the parliament
• Punchhi Committee
In 2007
1. To facilitate effective implementation of the
laws on List III
• 2. New all- India services in sectors like health,
education, engineering and judiciary should
be created.
3. The current ceiling on profession tax should
be completely done away with by a
Constitutional Amendment.
Finance Commission – Art 280
Finance Commission is a constitutional body for the purpose of
allocation of certain revenue resources between the Union and
the State Governments.
Duty of the Commission to make recommendations to the
President in relation to the
• the distribution between the Union and the States of the net
proceeds of taxes which are to be, or maybe, divided between
them and the allocation between the States of the respective
shares of such proceeds;
• the principles which should govern the grants in
aid of the revenues of the States out of the
Consolidated Fund of India;(Consolidated Fund of
India is the account of the revenue the
Government of India receives — via income tax,
Customs, central excise and the non-tax revenue
— and the expenses it makes, excluding
exceptional items.)
• any other matter referred to the Commission by
the President in the interests of sound finance

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